Terms effective 01/01/2017:
a) CLIENT: Herein the CLIENT is the hirer or booker of MUSICIAN.
b) MUSICIAN: Herein the MUSICIAN is 7 independent contractors hired or booked on a ‘for services’ basis and are individual self-employed musicians performing as part of the musical ensemble know as Soul Purpose. The individual musicians being Bridgett Burke: Vocals, Gavin Quinn: Guitar, Gary Eustace: Bass, Aidan O Donovan: Drums, Ciaran Murphy: Hammond Organ, Owen O Neill: Saxophone, Eoin Grace: Trumpet or any musician or musicians the AGENT (1c) judges competent of performing in the required role to complete the ensemble know as Soul Purpose. The AGENT(1c) reserves the right to make line-up changes, for example if a MUSICIAN declines a booking, is unwell or unavailable or for any unforeseen reason or circumstances.
c) AGENT: Herein the AGENT is Gary Eustace T/A Soul Purpose Bookings 7 Ardmore Crescent Bray Co. Wicklow by agreement acts as the sole agent for MUSICIAN(1b) performing as part of the musical ensemble know as Soul Purpose. The AGENT on behalf of the MUSICIAN(1b) represents and negotiates availability and fees and is the CLIENT(1a) point of contact with MUSICIAN(1b). The AGENT from time to time can also act on behalf of other self-employed musicians or persons not listed (1.b) who may be required for CLIENT(1a) bookings.
d) ATTENDEES: All persons present the day of CLIENT(1a) booking either by CLIENT(1a) guest invitation or as agents or contractors of CLIENT(1a).
a) Terms of booking are subject to Laws within Ireland and European Union.
3) Booking Process:
a) All parties agree to follow this booking process.
b) CLIENT Enquiry: The CLIENT contacts the AGENT and requests availability of the MUSICIAN.
c) AGENT Offer to CLIENT: If MUSICIAN is available the AGENT offers the CLIENT via email the opportunity to book the MUSICIAN by means of a web link to a booking form.
d) CLIENT booking: The CLIENT completes and submits booking form and booking fee/deposit to AGENT.
e) AGENT confirmation: The AGENT confirms the booking with the CLIENT and MUSICIAN via email.
4) Client Acceptance of terms:
a) Upon paying booking fee/deposit to AGENT and indicating acceptance of terms checkbox within the online booking form CLIENT agrees to MUSICIAN terms.
b) CLIENT can make additions to their booking for example adding a DJ or Jazz reception music by emailing email@example.com availability permitting will be acknowledged and confirmed via email no additional booking fee/deposit is required.
c) AGENT may make reasonable additions or changes to terms & conditions, any additions or changes will be included and posted online at www.soulpupose.ie/terms.
a) CLIENT Fee comprises two separate charges and payments. The booking fee/deposit (5.b) paid in advance to the booking AGENT and the balance (5.c) paid to the MUSICIAN.
b) Booking fee/deposit: This booking fee is payable in advance to the booking AGENT by agreement acting on behalf of the MUSICIAN. This booking fee/deposit is non-refundable & non-transferable.
c) Balance of payment: The balance is payable to MUSICIAN in cash on the evening of CLIENT event.
a) The CLIENT makes assurances that either they or the venue have Public Liability Insurance Cover in place for their event. See www.irishweddinginsurance.ie/ for an example of a wedding insurance cover provider.
b) Indemnification. CLIENT indemnifies and holds MUSICIAN harmless for any claims of loss, theft, property damage or bodily injury caused by ATTENDEES.
c) Limitation of liabilities: liabilities of MUSICIAN and CLIENT are limited to their share of value of the balance of payment.
7) Cancellations, postponement or rescheduling:
a) CLIENT Cancellations: CLIENT reserves the right to cancel the entire booking or cancel add-on parts of booking, for example cancelling the DJ part of their booking whilst retaining the band part. CLIENT cancellations should be emailed at least 5 days before event to firstname.lastname@example.org and will be acknowledged by the AGENT on behalf of the MUSICAN. Any monies in the form of booking fee/deposit paid prior to cancellation are non-refundable and non-transferable. For CLIENT cancellations received within 5 days of event the CLIENT is liable to 50% balance of fees settlement as compensation. CLIENT cancellations received the day of an event are liable to 100% balance of fees as compensation unless by force majeure (9 g).
b) MUSICIAN Cancellations: MUSICIAN reserves the right to cancel or cut short a performance if ATTENDEES display violent, abusive, or threatening behaviour towards MUSICIAN or other ATTENDEES or if the CLIENT within reason has not provided a work environment compliant with health and safety legislation. In such cases CLIENT is liable for 100% balance of fees. MUSICIAN reserves the right to cancel the entire booking or cancel add-on parts of booking, for example cancelling the DJ part of the booking whilst retaining the band part. MUSICIAN cancellations must be emailed to CLIENT and should be acknowledged by the CLIENT in such case any monies in the form of booking fee/deposit paid prior to cancellation are 100% refundable.
c) Postponement or Rescheduling: MUSICIAN or CLIENT may not unless by agreement postpone or reschedule a booking, in such cases it is deemed it to be equivalent to cancellation (7 a)( 7 b) and may require a new completed booking form & booking fee/deposit.
a) The CLIENT, MUSICIAN and AGENT agree to confidentiality and will not divulge fees, details of bookings, happenings at events or personal information to 3rd parties unless by agreement.
b) Credit/Debit card information: CLIENT Booking fee/deposit credit/debit card details transmitted to AGENT are encrypted and not visible to the AGENT or MUSICIAN. Payments are processed automatically by the AGENT merchant services company Stripe www.stripe.com/ie/privacy
9) Delivery of service:
a) MUSICIAN agrees to provide musical entertainment as per the CLIENT booking requirements.
b) MUSICIAN agrees to provide all necessary well maintained musical instruments & equipment in the form of suitable sound system and lighting; this excludes any venue infrastructure such as stages, electricity or dance floor.
c) MUSICIAN agrees to provide personnel transport for musicians with instruments and equipment to the location of CLIENT event.
d) For evening performance MUSICIAN agrees to an on stage performance duration of approximately 2.5 hours which can be split into 2 separate sets. Pre-dinner reception music will be approximately 2 hours, DJ set lasts approximately 2 hours (or till venue curfew whichever is sooner).
e) MUSICIAN agrees to maintain good time keeping on the day of a CLIENT booking, be available to setup for the performance once given access from venue staff and be ready to perform at CLIENT convenience. The MUSICIAN agrees to notify the AGENT and CLIENT in timely fashion of the likelihood or actual occurrence of an event that might cause tardiness. AGENT emergency phone number is 0868169902.
f) MUSICIAN is not liable to liabilities and or costs arising from exceptional delays on the day of performance caused by CLIENT or ATTENDEES furthermore the MUSICIAN reserves the right to cancel in such cases.
g) Force Majeure; MUSICIAN is not liable for failure to perform at CLIENT bookings if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or telephone service. No party is entitled to cancel the booking (see item 6) in such circumstances. If MUSICIAN asserts Force Majeure as an excuse for failure to perform at CLIENT bookings, then the nonperforming party must prove that the they took reasonable steps to minimize delay or damages caused by foreseeable events, that the party substantially fulfilled all non-excused obligations, and that the CLIENT was timely notified of the likelihood or actual occurrence of an event described in item (9 g) (Force Majeure).
10) Provisional Bookings.
a) AGENT may accept a provisional booking from a potential client on behalf of MUSICIAN. A provisional booking is not a confirmed booking or agreement to perform but is only an expression of intention to book by a potential client. A provisional booking is not open-ended and automatically expires after 7 days from date of acceptance unless by agreement. Provisional bookings may be cancelled by AGENT without notice.
For description of how we operate on the day of a gig Check out
our Frequently Asked Questions www.soulpurpose.ie/faq